Heritage (Underwater Cultural Heritage) Regulations 2017
S.R. No. 109/2017
Version as at
1 November 2017
TABLE OF PROVISIONS
Regulation Page
1 Objectives 1
2 Authorising provisions 2
3 Commencement 2
4 Definitions 2
5 Form of application for permit for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones 2
6 Form of application for permit for the use of registered shipwrecks or registered shipwreck artefacts 2
7 Form for notification of discovery of shipwrecks or shipwreck artefacts 3
8 Activities prohibited within protected zones—entry 3
9 Activities prohibited within protected zones—mooring 3
10 Activities prohibited within protected zones—trawling, fishing or diving 3
11 Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations 3
12 Activities prohibited within protected zones—use of equipment adapted for the purpose of diving, salvage or recovery operations 4
13 Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land 4
14 Activities prohibited within protected zones—use of equipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land 4
15 Activities prohibited within protected zones—entry of ship or other vehicle carrying any equipment, explosives, instruments or tools 5
16 Activities prohibited within protected zones—cultivating, mining, quarrying, dredging or excavating 5
17 Activities prohibited near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts or in any protected zone 5
18 Fees for permit applications 6
19 Exemption from fees 8
20 Waiver of a fee for a permit 8
21 Infringement offences 9
22 Infringement penalties 9
Schedule 1—Form for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones 11
Schedule 2—Form for the use of registered shipwrecks or registered shipwreck artefacts 14
Section 1 - Heritage (Underwater Cultural Heritage) Regulations 2017 - Heritage (Underwater Cultural Heritage) Regulations 2017 | Zoe
Schedule 3—Form for the notification of discovery of shipwrecks or shipwreck artefacts 16
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Endnotes 20
1 General information 20
2 Table of Amendments 22
3 Amendments Not in Operation 23
4 Explanatory details 24
Version No.001
Heritage (Underwater Cultural Heritage) Regulations 2017
S.R. No. 109/2017
Version as at
1 November 2017
1 Objectives
The objectives of these Regulations are—
(a) to prescribe activities which are prohibited in, on or near a protected zone; and
(b) to prescribe activities which are prohibited in, on or near a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; and
(c) to prescribe forms and documents for the purposes of the Heritage Act 2017; and
(d) to prescribe fees payable in relation to permit applications under sections 77 and 78 of the Act; and
(e) to exempt particular classes of people from certain fees relating to permits; and
(f) to authorise the Heritage Council to waive certain fees prescribed by these Regulations; and
(g) to prescribe infringement offences and infringement penalties; and
(h) to prescribe penalties for undertaking activities prohibited by these Regulations; and
(i) to prescribe other matters for the purposes of the Act.
2 Authorising provisions
These Regulations are made under sections 255 and 256 of the Heritage Act 2017.
3 Commencement
These Regulations come into operation on 1 November 2017.
4 Definitions
In these Regulations—
community group means a not-for-profit society, association or club (other than a charity)—
(a) established for the purpose of educating the community about, or to protect, a place or object; and
(b) whose officers receive no remuneration or gratuity for their services to the society, association or club;
the Act means the Heritage Act 2017.
5 Form of application for permit for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones
For the purposes of section 77(2) of the Act, the prescribed form is the form set out in Schedule 1.
6 Form of application for permit for the use of registered shipwrecks or registered shipwreck artefacts
For the purposes of section 78(4) of the Act, the prescribed form is the form set out in Schedule 2.
7 Form for notification of discovery of shipwrecks or shipwreck artefacts
For the purposes of section 80(2) of the Act, the prescribed form and prescribed details are the form and details set out in Schedule 3.
8 Activities prohibited within protected zones—entry
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, enter a protected zone.
Penalty: 50 penalty units.
9 Activities prohibited within protected zones—mooring
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, moor, park or use a ship or other vehicle within a protected zone.
Penalty: 50 penalty units.
10 Activities prohibited within protected zones—trawling, fishing or diving
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, trawl, fish or dive or undertake any other underwater activity within a protected zone.
Penalty: 50 penalty units.
11 Activities prohibited within protected zones—use of equipment constructed for the purpose of diving, salvage or recovery operations
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone equipment constructed for the purpose of diving,
salvage or recovery operations, whether on land or on or under water.
Penalty: 50 penalty units.
12 Activities prohibited within protected zones—use of equipment adapted for the purpose of diving, salvage or recovery operations
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone equipment adapted for the purpose of diving, salvage or recovery operations, whether on land or on or under water.
Penalty: 50 penalty units.
13 Activities prohibited within protected zones—use of equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone any explosives, or any equipment, instruments or tools constructed for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water.
Penalty: 50 penalty units.
14 Activities prohibited within protected zones—use of equipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, bring into or use within any protected zone any explosives, or any equipment, instruments or tools adapted for the purposes of cultivating, mining, quarrying, dredging or excavating land including land covered by water.
Penalty: 50 penalty units.
15 Activities prohibited within protected zones—entry of ship or other vehicle carrying any equipment, explosives, instruments or tools
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, cause a ship or other vehicle carrying any equipment, explosives, instruments or tools specified in regulation 11, 12, 13 or 14 to enter or remain within any protected zone.
Penalty: 50 penalty units.
16 Activities prohibited within protected zones—cultivating, mining, quarrying, dredging or excavating
A person must not, except in accordance with a permit granted under section 77 or 78 of the Act, cultivate, mine, quarry, dredge or excavate or carry out any other activity on or below land within a protected zone.
Penalty: 50 penalty units.
17 Activities prohibited near registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts or in any protected zone
A person must not, without authority, move, remove, damage, alter or otherwise interfere with any plinth, mooring, buoy, pile or other marker or any notice or sign, or any equipment or material lawfully placed or situated in or within 100 metres of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact or in any protected zone.
Penalty: 50 penalty units.
18 Fees for permit applications
(1) Subject to regulations 19 and 20, for the purposes of section 77(2) of the Act, the prescribed fees are as follows—
(a) for an application to enter a protected zone to conduct any form of recreational diving or snorkelling—1 fee unit per diver or snorkeller;
(b) for an application to conduct any form of recreational diving or snorkelling that requires the use of moorings within that protected zone—2 fee units per diver or snorkeller;
(c) for an application to possess, dispose of, or remove from Victoria any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—15 fee units.
(2) Subject to regulation 20, for the purposes of sections 77(2) and 78(4) of the Act, the prescribed fees are as follows—
(a) for an application to possess or use equipment, instruments or explosives of a kind referred to in section 76 of the Act in a protected zone—66·1 fee units;
(b) for an application to take, destroy, damage, remove, disturb or otherwise interfere with less than 50 per cent of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—66·1 fee units;
(c) for an application to take, destroy, damage, remove, disturb or otherwise interfere with 50 per cent or more of any registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—66·1 fee units;
(d) for an application for the use of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact—8 fee units;
(e) for an application to undertake any other activity on or below land within a protected zone, or any other underwater activity in a protected zone—100 fee units;
(f) for an application to enter a protected zone for any other purpose that requires the use of moorings within that protected zone—66·1 fee units;
(g) for an application to enter a protected zone for any other purpose—66·1 fee units.
(3) For the purposes of sections 77(2) and 78(4) of the Act, the prescribed fees are as follows—
(a) for an application to enter a protected zone with or without the use of moorings in that protected zone—
(i) one time during a specified period; and
(ii) to conduct any form of recreational diving or snorkelling; and
(iii) with a maximum of 10 divers or snorkellers plus any non-diving boat crew members at any one time—8 fee units;
(b) for an application to enter a protected zone with or without the use of moorings in that protected zone—
(i) up to a maximum of 5 times during a period not exceeding 12 months; and
(ii) to conduct any form of recreational diving or snorkelling; and
(iii) with a maximum of 12 divers or snorkellers plus any non-diving boat crew members at any one time—40 fee units.
(4) An applicant for a permit under section 77(1) or 78(4) of the Act who has paid the fee prescribed in regulation 18(3)(a) or (b) is not required to pay the fee prescribed in regulation 18(1)(a) or (b).
19 Exemption from fees
A person who is an eligible beneficiary within the meaning of the State Concessions Act 2004 is exempt from paying the following fees—
(a) a fee for the grant of a permit under section 77 of the Act for the use of a registered shipwreck artefact or a historic shipwreck artefact situated in, on or below land that the person owns and which is the person's principal place of residence;
(b) the fee referred to in regulation 18(1)(a) for the grant of a permit under section 77 of the Act to enter a protected zone to conduct any form of recreational diving or snorkelling;
(c) the fee referred to in regulation 18(1)(b) for the grant of a permit under section 77 of the Act to enter a protected zone to conduct any form of recreational diving or snorkelling that requires the use of moorings.
20 Waiver of a fee for a permit
The Heritage Council may waive the fees prescribed in respect of sections 77 and 78 of the Act if the Heritage Council is satisfied that the act or thing to which the permit application relates—
(a) is for the purposes of the conservation or research of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or
(b) is to educate the public as to the cultural heritage significance of a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or
(c) is for the safety of the public; or
(d) is the same, or primarily the same, as the act or thing for which a permit has been issued to the applicant in relation to a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact; or
(e) is in respect of a permit application from a community group.
21 Infringement offences
For the purposes of Division 4 of Part 10 of the Act, the following offences against the Regulations are prescribed to be infringement offences—
(a) an offence against regulation 8;
(b) an offence against regulation 9;
(c) an offence against regulation 10;
(d) an offence against regulation 11;
(e) an offence against regulation 13.
22 Infringement penalties
For the purposes of Division 4 of Part 10 of the Act, the prescribed infringement penalties for an infringement offence referred to in regulation 21 are as follows—
(a) for an offence against regulation 8 or 9—3 penalty units;
(b) for an offence against regulation 10—6 penalty units;
(c) for an offence against regulation 11 or 13—10 penalty units.
Schedule 1—Form for exploration or recovery of registered shipwrecks, historic shipwrecks, registered shipwreck artefacts or historic shipwreck artefacts and in relation to protected zones
Regulation 5
Applicant details
Title:
First name:
Surname:
Address:
Email address:
Telephone:
Is this application on behalf of a company or organisation? *Yes/*No
What is its name?
What is your position title?
Details of registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact
Name of shipwreck or artefact:
Location (if known):
Victorian Heritage Register number (if known):
Description of shipwreck or artefact:
Details of vessel(s) involved with the activity
Vessel name(s):
Registration number(s):
Vessel contact details (phone, radio call sign and frequency):
Name(s) of boat operator:
Permit type
Tick boxes as applicable:
□ To enter a protected zone and undertake recreational diving or snorkelling.
□ To enter a protected zone and undertake recreational diving or snorkelling and require the use of moorings.
□ For commercial operator to enter a protected zone and undertake recreational diving or snorkelling on one occasion.
□ For commercial operator to enter a protected zone and undertake recreational diving or snorkelling on up to a maximum of 5 occasions.
□ To enter a protected zone for other purposes.
□ To enter a protected zone for other purposes and require the use of moorings.
□ To recover registered shipwreck artefacts or historic shipwreck artefacts.
□ To disturb a registered shipwreck, historic shipwreck, registered shipwreck artefact or historic shipwreck artefact.
□ Other [please state]:
Details of the activities to be undertaken
Summary of activity:
Proposed date(s) of activity:
Names of divers:
Permit fee
Fee to be paid:
Note: If these activities are being undertaken by a community group or for conservation, educational research or public safety, it may be possible to apply for a waiver of the permit fee. Please consult Heritage Victoria in relation to your application.
Note: If this application relates to a registered place of which you are the owner and which is your principal place of residence, or to a registered object which you own, and you hold one of the following cards or have been declared a class or classes of eligible person by Order published under the State Concessions Act 2004 in the Government Gazette, you are exempt from paying this fee. Please provide copies of the relevant card and either your driver's licence or a current rates notice for your principal place of residence to confirm your eligibility:
Health care card issued under section 1061ZS of the Social Security Act 1991 of the Commonwealth other than in respect of a child in foster care, or a child in respect of whom a carer allowance under section 953 of that Act is payable; or
Gold Card issued in respect of Part V of the Veterans' Entitlements Act 1986 of the Commonwealth other than a dependant (not including the widow or widower) of a veteran; or
Pensioner concession card issued under section 1061ZF of the Social Security Act 1991 of the Commonwealth.
Payment options
Applicant statement
I state that the information I have given on this form is correct to the best of my knowledge.
Name:
Signature:
Date:
*delete if not applicable
Schedule 2—Form for the use of registered shipwrecks or registered shipwreck artefacts
Regulation 6
Applicant details
Title:
First name:
Surname:
Address:
Email address:
Telephone:
Is this application on behalf of a company or organisation? *Yes/*No
What is its name?
What is your position title?
Details of registered shipwreck or registered shipwreck artefact
Name of shipwreck or artefact:
Location (if known):
Victorian Heritage Register number (if known):
Description of shipwreck or artefact:
Details of the activities to be undertaken
Purpose of activity:
□ Study
□ Conservation
□ Exhibition
□ Other [please state]:
Proposed use:
Preferred start date of permit:
Proposed end date of permit:
Permit fee
Fee to be paid:
Note: If these activities are being undertaken by a community group or for conservation, educational research or public safety, it may be possible to apply for a waiver of the permit fee. Please consult Heritage Victoria in relation to your application.
Payment options
Applicant statement
I state that the information I have given on this form is correct to the best of my knowledge.
Name:
Signature:
Date:
*delete if not applicable
Schedule 3—Form for the notification of discovery of shipwrecks or shipwreck artefacts
Regulation 7
Finder details
Title:
First name:
Surname:
Address:
Email address:
Telephone:
Find details
Date of find:
Dates of any subsequent visits to the site:
Will the finder(s) be available to accompany representatives of the Executive Director to the site? *Yes/*No
Would the finder(s) be interested in being involved in research into or an archaeological survey of the site? *Yes/*No
Name of shipwreck (if known):
Description of shipwreck or artefact(s) found:
Do you consider the shipwreck or artefact to be of historical significance? *Yes/*No
Circumstances under which the shipwreck or artefact was found:
□ Scuba diving
□ Snorkelling
□ Boating
□ Hiking
□ Other [please state]:
Are photographs of the shipwreck or artefact available? *Yes [please provide a copy]/*No
Are videos of the shipwreck or artefact available? *Yes [please provide a copy]/*No
Location of find
Locality:
Latitude:
Longitude:
If using GPS, GPS datum:
Nearest prominent landmark:
True/compass bearings, sextant or visual bearings to prominent landmarks:
Is the site above the high water mark? *Yes/*No
Is the site dry or partly dry at low tide? *Yes/*No
Distance from site to shore:
Has a buoy, stake, cairn or other marker been placed on or near the site? *Yes/*No
Is a depth sounder required? *Yes/*No
Other comments on location of the shipwreck or artefact:
Conditions at the site
Depth of water in metres:
Type of bottom:
Visibility:
Is the site sheltered or exposed:
Does the site become covered by sand, and if so, when:
Is the site much affected by surf, bottom surge or currents:
Other comments on diving conditions:
Description of shipwreck or artefact
Is the shipwreck:
□ Mostly buried
□ Partly buried
□ Fully exposed
Does the hull appear to be:
□ Wood
□ Iron
□ Composite
Is the hull:
□ Mostly intact
□ Partly intact
□ Broken up
Is the outline discernible:
□ Hull
□ Bow
□ Stern
Estimated total area of wreckage (in square metres):
If fastening bolts are noted, are they:
□ Iron
□ Copper
□ Brass
Are there signs of:
□ Iron
□ Copper
□ Engine(s)
□ Winch(es)
□ Machinery
□ Boiler(s)
□ Anchor(s)
□ Propeller(s)
□ Mast(s)
□ Chain
□ Ceramics
□ Glass
□ Wire rope
□ Fibre rope
□ Coal
Brief description of any of the above items which are present, or of any other materials (including small artefacts) found at the site:
Any threats to the current condition of the shipwreck or artefact (e.g. looting, development, recreational activity):
Attach a sketch map to aid staff in relocating the site.
Finder statement
I state that the information I have given on this form is correct to the best of my knowledge and state that I am reporting the finding of this shipwreck or artefact on behalf of myself or myself and other persons named in the section above.
Name:
Signature:
Date:
*delete if not applicable
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Heritage (Underwater Cultural Heritage) Regulations 2017, S.R. No. 109/2017 were made on 24 October 2017 by the Governor in Council under sections 255 and 256 of the Heritage Act 2017, No. 7/2017 and came into operation on 1 November 2017: regulation 3.
The Heritage (Underwater Cultural Heritage) Regulations 2017 will sunset 10 years after the day of making on 24 October 2027 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Heritage (Underwater Cultural Heritage) Regulations 2017 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2017 is $14.22. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2017 is $158.57.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.